Psychiatric evidence in delayed diagnosis claims
Independent psychiatric opinion where a diagnosis came too late: a mental illness that went unrecognised, or a physical illness found late, and the psychiatric harm that followed. For claimant, defendant and single joint expert instructions. Free initial screening call and fixed fees with no hidden charges.
- Reports usually 1–2 weeks from assessment
- Claimant, defendant and SJE
- Structured for CPR Part 35
Two kinds of delayed diagnosis claim
A delayed diagnosis claim can involve psychiatry in two ways. In the first, the missed diagnosis is psychiatric: depression, psychosis, bipolar disorder, PTSD, dementia or delirium that should have been recognised earlier. In the second, the delay was in diagnosing a physical illness, such as cancer, and the claimant has suffered a psychiatric injury as a result.
In both, the claim turns on the timeline of presentations against the records, and on what a timely diagnosis would probably have changed for the claimant’s mental health.
Dr Pradhan is a Fellow of the Royal College of Psychiatrists and is dual-accredited for claimant and defendant work.
What the delay changed
Causation in a delayed diagnosis claim rests on a comparison between what happened and what would have happened with a timely diagnosis:
- When should the condition reasonably have been recognised, on the information available then?
- What treatment would probably have followed, and how would the illness probably have run?
- How much of the claimant’s present condition is due to the delay, rather than the illness itself?
Where the missed diagnosis was physical, the first two questions are for experts in that field, and the report deals with the third: the psychiatric consequences of the delay. Causation is decided on the balance of probabilities.
Submit an enquiryWhat the report covers
Reports in delayed and missed diagnosis claims commonly address:
- Depression and anxiety missed in primary care or hospital
- Psychosis and bipolar disorder recognised late
- Bipolar disorder treated as depression
- PTSD missed after a traumatic event
- Delirium and dementia missed in hospital
- Neurological and cognitive disorders diagnosed late
- Psychiatric injury after a late cancer diagnosis
- Fear of recurrence and its effect on daily life
- How the illness would probably have run with timely treatment
- Pre-existing illness and apportionment
- Treatment needs, prognosis and future vulnerability
- Joint statements, supplementary questions and second opinions
Send a short chronology of the presentations, the allegations and any limitation date, and Dr Pradhan will confirm the scope of opinion and a fixed fee.
Submit an enquiryDate of knowledge and a late diagnosis
A claimant may not learn for some time that a diagnosis was late, or that the delay made a difference. In England and Wales, the three-year limitation period runs from the date of the injury or, if later, the date of knowledge, and Northern Ireland has an equivalent rule. In Scotland, the three years can run from the date the pursuer knew, or could reasonably have known, the essential facts.
Where the court’s discretion to extend time is in issue, the psychiatric evidence can explain how the claimant’s illness affected when they came forward. For claims in England and Wales the report is structured for CPR Part 35 and Practice Direction 35; reports for Scotland and Northern Ireland are prepared to the requirements of those courts.
The date of knowledge is when the claimant first knew that the injury was significant, that it was attributable in whole or in part to the act or omission alleged to be negligent, and who the defendant was. Knowledge includes what the claimant might reasonably have been expected to find out, including with medical or other expert advice.
Related pages
Delayed and missed diagnosis questions
If your question is not answered here, call and Dr Pradhan will advise on scope and timescale.
Call 0121 752 6065The diagnosis that was missed was cancer. Can Dr Pradhan help?
Yes, on the psychiatric side. Whether the cancer should have been diagnosed earlier, and what difference that made to the physical outcome, are for experts in those fields. Dr Pradhan assesses the psychiatric injury that followed and how much of it the delay caused.
Can the report separate the effect of the delay from the illness itself?
That is its main task. The report compares the likely course with a timely diagnosis against what happened, and explains which part of the claimant’s condition is attributable to the delay.
The claimant only recently learned that the diagnosis was late. Is the claim out of time?
That is a legal question, and time may run from the date of knowledge rather than the date of the delay. Where the court’s discretion is in issue, the report can address the psychiatric reasons for any delay in bringing the claim.
Is the claimant assessed, or is the report based on the records?
Usually both. The timing of the diagnosis is judged from the records, and the present condition, treatment needs and prognosis from an assessment of the claimant.
How quickly can a report be delivered?
Usually 1–2 weeks from assessment, and urgent reports can often be provided in 2–5 working days where the papers and appointment can be arranged promptly. Where the records are extensive, the timescale is confirmed at the outset.
Instruct Dr Pradhan on a late or missed diagnosis
Send a short chronology of the presentations, the allegations, the funding route and any limitation or hearing dates.
- Phone0121 752 6065
- Emailinfo@
doctorpradhan.co.uk - Consulting Rooms NationwideAbacus Court, Harborne, Birmingham B17 0HH
Please do not include medical records or a detailed personal history in this form. Dr Pradhan will confirm how to send the papers once the instruction is agreed.
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If the matter is urgent, call 0121 752 6065.